GradeUP 365 Polity and Governance Table of Contents 1. Constitutional Issues and Important Judgements 1.1. Kesavananda Bharati Case 1.2. Supreme Court judgment on right to protest 1.3. Contempt of Court 1.4. Sub categorisation of SCs and STs 1.5. Padmanabhaswamy Temple Case 1.6. Mirror Order 1.7. Inner Line Permit (ILP) 1.8. Sixth Schedule 2. Centre State Relations 2.1. 15th Finance Commission Recommendations 2.2. Power of the Governor to summon the Legislative Assembly 3. Working of the Legislature 3.1. Voting and Division of Votes in the Rajya Sabha 3.2. Suspension of Rajya Sabha MPs 3.3. Deputy Speaker of Lok Sabha 3.4. Question hour In Parliament 4. Important Legislations 4.1. Foreign Contribution (Regulation) Amendment Act, 2020 4.2. Maharashtra Shakti Bill, 2020 4.3. Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 5. Elections 5.1. Elections to Rajya Sabha 5.2. Right to recall panchayat member 5.3. Voting Rights to Non Resident Indians (NRIs) 5.4. U.S. Electoral College 6. Institutions 6.1. General consent to CBI 6.2. Civil Services Board 7. Governance 7.1. Right to Information (RTI) Act, 2005 7.2. Mission Karmayogi 7.3. Non-Personal Data Governance Framework 7.4. National Recruitment Agency (NRA) 7.5. Committee for the Reform of Criminal Laws 7.6. e-Courts Project 7.7. Data Governance Quality Index 7.8. Public Affairs Index (PAI) 1. Constitutional Issues and Important Judgements 1.1. Kesavananda Bharati Case Context: Recently, Kesavananda Bharati the head seer of the Edneer Mutt in Kasaragod district of Kerala since 1961 died. ● He challenged the Kerala Land Reforms (Amendment) Act 1969 and the 24th, 25th and 29th Constitutional amendments which gave the Parliament power to alter fundamental rights. This case is referred to as Kesavananda Bharati Sripadagalvaru and Others vs State of Kerala. ● A 13 judge Bench, the biggest so far was set up by the Supreme Court. ● He argued that the three amendments breached his fundamental rights under Article 25 (right to practice and propagate religion), Article 26 (freedom of religious denomination, including managing and administering its property) and Article 31 (right to property). Highlights of the judgement: ● While the court said that Parliament had vast powers to amend the Constitution, it drew the line by observing that certain parts are so inherent and intrinsic to the Constitution that even Parliament cannot touch it. Thus, the doctrine of the basic structure of the Constitution was introduced. ● The court upheld the amendment that removed the fundamental right to property. ● It, however, did not specify what would constitute ‘basic structure’, leaving it open for courts to interpret on a case by case basis. ● Since then, the SC has through various rulings interpreted the doctrine to include the supremacy of the Constitution, the rule of law, independence of the judiciary, doctrine of separation of powers, federalism, secularism, sovereign democratic republic, the parliamentary system of government, the principle of free and fair elections and the welfare state. This list is not exhaustive. What is the basic structure doctrine? The original Weimar Constitution, which gave Parliament to amend the Constitution was used by Hitler to his advantage to make radical changes. Learning from that experience, the new German Constitution introduced substantive limits on Parliament’s powers to amend certain parts of the Constitution which it considered ‘basic law’. Golak Nath Case The three Constitutional amendments, challenged in the Bharati case, were passed to overcome the apex court’s 1967 judgment in the Golak Nath case that ruled Parliament could not amend fundamental rights, including the Right to Property. The Golak Nath ruling interpreted Articles 13 and 368 of the Constitution. While Article 13 prohibits Parliament from framing ‘laws’ that violate fundamental rights guaranteed under Part III of the Constitution, Article 368 empowers Parliament to amend the Constitution. It was held in the Golak Nath case that an amendment under Article 368 is defined as ‘law’ within the ambit of Article 13. Parliament then passed the 24th, 25th and 29th amendments, allowing amendment of fundamental rights and putting some property issues beyond judicial review. The 24th amendment, 1971, specifically empowered Parliament to amend any part of the Constitution. This meant the bar imposed in the Golak Nath case under Article 13 would not apply to any constitutional amendment under Article 368. Therefore, Parliament now had the power to amend fundamental rights. 1.2. Supreme Court judgment on right to protest Context: The Supreme Court dismissed review petitions of its judgment in the case concerning the anti-CAA protests at Shaheen Bagh. It reiterated that the constitutional guarantee of right to protest comes with some riders and there cannot be continued occupation of a public place in case of prolonged dissent or protest. Kaniz Fatima vs Commissioner of Police case: ● The judgement stated that the right to protest cannot be any time and everywhere. There may be some spontaneous protests but in case of prolonged dissent or protest, there cannot be continued occupation of public places affecting the rights of others. ● In 1972, a Constitution Bench in the Himat Lal case held that while citizens cannot exercise their freedom to assemble peaceably in whatever place they please, and the State cannot by law abridge or take away the right of assembly by prohibiting assembly on every public street or public place. The State can only make regulations in aid of the right of assembly of each citizen and can only impose reasonable restrictions in the interest of public order. https://www.livelaw.in/top-stories/shaheen-bagh-judgment-review-supreme-court-right- to-protest-public-place-169798 1.3. Contempt of Court Context: Attorney General K K Venugopal gave his consent for the initiation of criminal contempt proceedings against stand-up comedian Kunal Kamra for his tweets. About Contempt of Court: ● Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself. Article 215 conferred a corresponding power on the High Courts. The Contempt of Courts Act, 1971, gives statutory backing to the idea. Neither the constitution nor the 1971 act define contempt. The Contempt of Courts Act, 1971, gives statutory backing to the idea. ● Civil contempt is committed when someone wilfully disobeys a court order, or wilfully breaches an undertaking given to court. ● Criminal contempt consists of three forms: ○ words, written or spoken, signs and actions that “scandalise” or “tend to scandalise” or “lower” or “tends to lower” the authority of any court, ○ prejudices or interferes with any judicial proceeding and ○ interferes with or obstructs the administration of justice. ● In the case of a criminal contempt, the Supreme Court or the High Court may take action on its own motion or on a motion made by (a) the Advocate-General, or (b) any other person, with the consent in writing of the Advocate-General or the Solicitor-General in relation to the Supreme Court and the Advocate-General of the State in relation to the High Court. ● Contempt of court was one of the restrictions on freedom of speech and expression under Article 19(2) of the constitution of India. ● The rationale for this provision is that courts must be protected from tendentious attacks that lower its authority, defame its public image and make the public lose faith in its impartiality. ● The punishment for contempt of court is simple imprisonment for a term up to six months and/or a fine of up to ₹. 2,000. ● The Act additionally allows the High Court to punish for contempt of subordinate courts ● Fair and accurate reporting of judicial proceedings will not amount to contempt of court. ● Nor is any fair criticism on the merits of a judicial order after a case is heard and disposed of. 1.4. Sub categorisation of SCs and STs Context: The issue of sub categorisation of SCs and STs is referred to a larger bench by the Supreme Court. Judgment Details: ● A five-judge constitution bench of the Supreme Court observed that there can be sub classifications within scheduled castes (SCs) and scheduled tribes (STs) for granting them reservation; it disagreed with the Supreme Court verdict in E V Chinnaiah v State of Andhra Pradesh and Others 2005 case. ● In the 2005 decision in E V Chinnaiah v State of Andhra Pradesh and Others, the Supreme Court ruled that only the President has the power to notify the inclusion or exclusion of a caste as a Scheduled Caste, and states cannot tinker with the list and held that special protection of SCs is based on the premise that “all Scheduled Castes can and must collectively enjoy the benefits of reservation regardless of inter­se inequality” because the protection is not based on educational, economic or other such factors but solely on those who suffered untouchability. ● Among the SCs and STs, there are some that remain grossly underrepresented despite reservation in comparison to other SCs and STs. The court had held that merely giving preference does not tinker, rearrange, subclassify, disturb or interfere with the list in any manner since there is no inclusion or exclusion of any caste in the list as notified under Article 341. ● The Constitution does not specify the castes and tribes that are to be called Scheduled Castes and Scheduled Tribes. This power is left to the central executive i.e. the President. The Constitution treats all SCs and STs as a single homogeneous group. ● The concept of a “creamy layer” within SCs was upheld by the court in a 2018 judgment in Jarnail Singh v Lachhmi Narain Gupta but the review of this judgement is pending.